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Booking Conditions
38. For claims not involving personal injury, death or illness or 43. Insofar as the holiday may be performed on a ship not CONSUMER PROTECTION
which are not subject to the conventions referred to in owned by Cunard, it is agreed that Cunard shall at all
clauses 40 to 44 inclusive, Cunard's liability for improper times nevertheless be deemed a ship owner for the
50. When a Guest buys an ATOL protected fly voyage from
performance of the Contract shall be limited to a purposes of the Convention on Limitation of Liability for
Cunard in the UK they will receive a Confirmation Invoice
maximum of twice the price the Guest affected paid for Maritime Claims 1976, whether as amended by the
from Cunard (or via the authorised agent through which
the holiday (not including insurance premiums and Protocol of 1996 or otherwise and as in force in any
they booked) confirming the Guest’s arrangements and
amendment charges) and Cunard shall have no liability for relevant jurisdiction from time to time, and so entitled to
protection under Cunard’s Air Travel Organiser’s Licence
any loss of business or profits. limit liability thereunder.
number 6294. In the unlikely event of Cunard’s insolvency,
the CAA will ensure that Guests booked on fly voyages
39. All carriage (by land, air and sea) is subject to the terms 44. Except for claims arising out of carriage by air (as provided are not stranded abroad and will arrange to refund any
and conditions of carriage of the actual carrier. These may by clause 40), any liability in respect of death and personal money the Guest has paid to Cunard for an advance
limit or exclude liability. They are expressly incorporated injury and loss of and damage to luggage which Cunard booking. For further information, visit the ATOL website at
into the Contract and they also form the terms and may incur to the Guest, whether under the Contract in www.atol.org.uk.
conditions of separate contracts between the Guest and accordance with these Conditions or otherwise, shall
the particular carrier as contained in that carrier’s ticket always be subject to the limits of liability contained in the
51 Not all voyages offered and sold by Cunard will be
which is provided to the Guest before the scheduled Athens Convention.
protected by the ATOL scheme. All non-fly holidays sold
departure date. Copies of these terms and conditions are
by Cunard in the UK are protected under the ABTA
available on request from Cunard. Cunard will ensure that
45. Hotels, shore excursions and shuttle services are arranged scheme of financial protection. In the unlikely event of
the Guest is informed of the identity of the air carrier once
by Cunard with local operators who may themselves Cunard’s insolvency, ABTA will ensure that Guests booked
it has been finalised and details of likely carriers are
engage the services of local suppliers. Standards of on non-fly voyages are not stranded abroad and will
contained in the brochure. Cunard does not use any carrier
hygiene, accommodation and transport in many countries arrange to refund any money paid to Cunard for an
on the EU banned carrier list, available via our website.
where excursions take place are often lower than advance booking. Voyages sold overseas may be covered
comparable standards in the UK. Cunard will at all times by consumer protection schemes in place in the country
40. Carriage of Guests and their luggage by air is governed by endeavour to appoint reputable and competent local of sale or by the protection scheme operated by ABTA,
various international conventions (hereinafter “the operators who comply with all prevailing local rules and Guests should contact Cunard for confirmation of
international air conventions”), including the Warsaw regulations and standards. Cunard will apply the local laws what protection may apply to their booking.
Convention 1929 (whether as amended by the Hague and regulations of the relevant country to assess
Protocol 1955 or the Montreal Protocol 1999 or performance of the Contract in the event of a complaint by
DATA PROTECTION
otherwise) or the Montreal Convention 1999. Flights a Guest. The Contract will be regarded as having been
between the UK and any member state of the European performed if local laws and regulations have been satisfied
52. In clauses 52 to 54, “you” means the Guest. In order to
Union are currently governed by EC Regulation 889/2002 even if the laws of England and Wales have not been met
process your booking and to ensure that your travel
which gives legal effect to the Montreal Convention 1999. unless the absence of a particular safety feature would
arrangements run smoothly and meet your requirements,
To the extent that Cunard may be liable as a non- lead a reasonable Guest not to enter into the Contract.
Cunard needs to use the personal information you provide
performing air carrier to Guests in respect of carriage by Cunard is not responsible for any improper or non-
such as name, address, any special needs, health,
air, the terms of the international air conventions performance which is wholly attributable to the fault of the
medical, mobility or dietary requirements, etc. Cunard
(including any subsequent amendments and any new Guest; the unforeseeable or unavoidable act or omission of
may pass personal information on to other relevant
convention which may be applicable to a Contract for a fly a third party unconnected with the provision of any
suppliers of your travel arrangements such as travel
cruise between Cunard and a Guest) are expressly services to be provided; unusual and unforeseeable
agents, airlines, hotels, and transport companies. Your
incorporated into these Conditions. The international air circumstances beyond the control of Cunard and/or the
personal information may also be provided to security
conventions may permit the carrier to limit its liability for relevant Supplier the consequences of which could not
and/or credit checking companies, credit and debit card
death and personal injury, loss of and damage to luggage have been avoided even if all due care had been exercised,
companies, government and enforcement agencies,
and delay. Insofar as Cunard may have any liability to the including (but not limited to) an event of force majeure; or
public authorities such as customs and immigration if
Guest in respect of carriage by air, it shall be determined any event which Cunard and/or the relevant Supplier could
required by them, or as required by law. This may involve
accordingly. Copies of these conventions are available not even with all due care have foreseen or forestalled.
sending your personal information between different
from Cunard on request.
countries, including countries outside the European
46. All employees, agents, contractors and their sub-
Economic Area (EEA) where controls on data protection
41.Carriage of Guests and their luggage by sea is governed by contractors (including Suppliers as defined in clause 1), as
may not be as strong as the legal requirements in this
the Athens Convention 1974 (whether as subsequently well as all insurers of both Cunard and its Suppliers shall
country. This may also apply to any sensitive information
amended or otherwise “the Athens Convention”). A copy have the benefit of the same rights, defences, immunities
that you give to us such as details of any disabilities or
is available on request. The Athens Convention is expressly and limitations available to Cunard under these Conditions,
dietary/religious requirements. If Cunard cannot pass your
incorporated into these Conditions and any liability of and it is agreed for this purpose that Cunard contracts with
personal information on to the relevant suppliers, whether
Cunard for death or personal injury or for loss of or damage the Guest as agent or trustee for all such persons.
in the EEA or not, Cunard cannot properly effect your
to luggage arising out of carriage by sea shall be
booking. For the safety and security of the ship and its
determined accordingly. In most cases, the Athens
ACTIONS, CLAIMS AND TIME LIMITS passengers, Cunard may operate closed circuit television
Convention limits the carrier’s liability for death or personal
(CCTV) in certain areas on board the ship during your
injury or loss of or damage to luggage and makes special
47. Any action by a Guest arising out of carriage by air or sea
holiday. Please be aware, however, that Cunard does not
provision for valuables. It presumes that luggage has been
must be commenced within the two year time limit
undertake to operate all cameras or monitor or record
delivered undamaged to the Guest unless written notice is
prescribed by the Warsaw Convention, the Montreal
CCTV images at all times.
given to Cunard (as carrier):
Convention or the Athens Convention as applicable.
53. The personal information you provide to Cunard, or which
(a) in the case of apparent damage, before or at the time of
48. If a court or tribunal applies any law other than English law,
is obtained through your dealings with Cunard or other
disembarkation or redelivery;
Cunard shall (in respect of all exclusions and limitations of
brands of Carnival plc, will also be used by Carnival plc or
liability) be entitled to the maximum protection allowed by
(b) in the case of damage which is not apparent or of loss,
by processors on its behalf: to review your dealings with
that law including statutory protection of limitation as to
within 15 days from the date of disembarkation or
Carnival plc brands including your purchasing preferences;
the amount of damages recoverable.
redelivery or from the time when such redelivery should
to review, develop and improve the holidays and services
have taken place.
49. Some disputes involving claims to a limited amount may, Carnival plc offers; for market research purposes; and for
if the Guest so wishes, be referred to arbitration under statistical analysis.
Any damages payable by Cunard up to the Athens
schemes devised by the Chartered Institute of
Convention limits shall be reduced in proportion to any
54. Carnival plc may wish to contact you by post, email and/or
Arbitrators for the Passenger Shipping Association and
contributory negligence by the Guest and by the
telephone with news, information and offers on its
ABTA. An application for arbitration must be made
maximum deductible specified in Article 8 (4) of the
holidays and other services (including those offered by
within nine months of disembarkation from the ship. In
Athens Convention.
Cunard and other Carnival group brands such as P&O
addition, the Passenger Shipping Association offers a
Cruises, Princess Cruises, Swan Hellenic, Seabourn Cruise
42. Insofar as Cunard may be liable to a Guest in respect of
low cost conciliation procedure where a non-binding
Line and Ocean Village) and for market research purposes.
claims arising out of carriage by air or carriage by sea,
review of correspondence is undertaken by an
If you prefer not to be contacted for the purposes set out
Cunard shall be entitled to all the rights, defences,
independent conciliator. Details of these schemes are
above, please contact the Customer Data Department,
immunities and limitations available, respectively, to the
available on request.
Cunard, Richmond House, Terminus Terrace,
actual air carrier (including its own terms and conditions Southampton, SO14 3PN. If you wish to obtain a copy of
of carriage) and under the Athens Convention, and the personal information held about you, please write to
nothing in these Conditions shall be deemed a surrender the above address. Carnival plc may make a charge for
thereof. To the extent that any provision in these supplying this information as permitted by law.
Conditions is made null and void by the Warsaw
Convention, the Montreal Convention or the Athens
Convention or any legislation compulsorily applicable or is
otherwise unenforceable, it shall be void to that extent
but no further.
80 THE MOST FAMOUS OCEAN LINERS IN THE WORLD
TM
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